PRIORS1235B1843A06670 PRINTER'SPWK:CMD 07/13/20 #90 A06670 AMENDMENTS TO SENATE BILL NO.

18431235 PRINTER'SSponsor: NO.

1853SENATOR THEDiSANTO GENERALPrinter's ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

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Section 1.

Lands within the Delaware Riverbed.

(a) Authorization.--The Commonwealth owns lands within the bed of the Delaware River, a portion of which lands are located in the 18th Ward of the City of Philadelphia and are commonly known as part of the former Philadelphia Electric Company (PECO) Power Station property, 1325 Beach Street, also known as North Beach Street.

The Department of General Services, with the concurrence of the Department of Environmental Protection, acting on behalf of the Commonwealth, is hereby authorized to lease to L-A Battery QOZ, LLC, or its nominee for an initial term of 99 years, such lands within the bed of the Delaware River in the City of Philadelphia and to extend the lease term for all or any portion of the leased premises for an additional term of up to 99 years.

(b) Description.--The property to be leased is approximately 10.80126 acres of partially filled lands more particularly described as follows:

ALL THAT CERTAIN lot or piece of ground together with the improvements thereon erected, situate in the 18th Ward of the City of Philadelphia, Pennsylvania more particularly described as follows to wit:

BEGINNING at a point on the dividing line between OPA #88- 435-7171, lands now or formerly of Delaware Station LLC and OPA #88-5670040, lands now or formerly of the City of Philadelphia, Penn Treaty Park, said point being distant the following two (2) courses and distances from the intersection of the northeasterly right-of-way line of Columbia Street Extended (50 foot wide right-of-way, on City Plan) and the southeasterly right-of-way line of Beach Street (50 foot wide right-of-way, on City Plan, legally open);

A.

Along the southeasterly right-of-way line of Beach Street, North 59 degrees 19 minutes 33 seconds East, a distance of 143.948 feet, thence;

B.

Along the dividing line between OPA #88-4351717 and OPA #88-5670040, South 28 degrees 11 minutes 54 seconds East, a distance of 233.380 feet to a point on the bulkhead line (approved by the Secretary of War January 5, 1894 and September 10, 1940) being the true point and place of BEGINNING and from said point of BEGINNING running, thence;

The following two (2) courses and distances along the bulkhead line:

1.

North 58 degrees 21 minutes 15 seconds East, a distance of 404.079 feet to a point, thence;

20200SB1235PN1853 - 2 - 2.

North 64 degrees 18 minutes 09 seconds East, a distance of 534.095 feet to a point, thence;

3.

Along the dividing line between OPA #88-4351717 and OPA #88-4076002, lands now or formerly Berks Street Corp., South 28 degrees 28 minutes 57 seconds East, a distance of 494.364 feet to a point on the pierhead line (approved by the Secretary of War January 5, 1894 and September 10, 1940), thence;

The following two (2) courses and distances along the pierhead line:

4.

South 64 degrees 16 minutes 52 seconds West, a distance of 528.614 feet to a point, thence;

5.

South 54 degrees 04 minutes 10 seconds West, a distance of 415.040 feet to a point;

thence;

6.

Along the dividing line between OPA #88-4351717 and OPA #88-5670040, North 28 degrees 11 minutes 54 seconds West, a distance of 526.300 feet to the point and place of BEGINNING.

CONTAINING 470,503 square feet or 10.80126-acres.

BEING the same property as shown on a plan entitled "ALTA/NSPS Land Title Survey, Delaware Station LLC, 1325 N.

Beach Street, Map 16 N 21, OPA #88-4351717 & 88-4351719, City & County of Philadelphia, 18th Ward, Commonwealth of Pennsylvania", prepared by Control Point Associates, Inc., dated 05/28/2019, File No.

02-150120-01, Sheet 1 of 1.

(c) Lease agreement.--The lease and any other documents hereby contemplated shall be subject to approval as to form and legality as prescribed by the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and shall be executed by the Department of General Services, with the concurrence of the Department of Environmental Protection, which concurrence shall not be unreasonably withheld, in the name of 20200SB1235PN1853 - 3 - the Commonwealth.

The lease shall grant the lessee, its successors and assigns, the right to use the leased premises or to assign the lease or sublease or permit the sublease of the above described premises for the purposes of development for residential, office, commercial, condominium, hotel, marina or other uses all consistent with public and maritime uses and amenities.

(d) Nondisturbance.--The Department of General Services, with the concurrence of the Department of Environmental Protection, acting on behalf of the Commonwealth, is also specifically authorized to enter into one or more nondisturbance agreements with any sublessee of the leased premises described in this section pursuant to which the Commonwealth shall agree that, if the Commonwealth succeeds to the interest of the sublessor under a sublease, the Commonwealth will not terminate the sublease unless the sublessee is in default.

(e) Land use restriction.--All leases authorized or referred to under this section shall be made under and subject to the condition, which shall be contained in the lease documents, that no portion of the leased premises shall be used as a licensed facility as defined in 4 Pa.C.S.

§ 1103 (relating to definitions) or any other similar type of licensed facility <-- authorized under the laws of this Commonwealth.

This condition shall be a covenant running with the land and shall be binding upon the lessee and sublessees and their respective successors and assigns.